Divorce can feel like your whole life is being pulled apart. One day, you are sharing bills, a home, maybe even kids. Next, you are sitting across from a lawyer trying to figure out what happens to everything you built together. If you are filing or facing a divorce in Little Rock, AR, you probably have one big question on your mind. What am I legally entitled to?
Arkansas law lays out clear rights during a divorce. But knowing those rights and actually protecting them are two different things. Let’s walk through the key legal rights you have, so you are not left guessing.
1. You Have the Right to Fair Division of Marital Property
Arkansas follows an equitable distribution rule. That means marital property gets divided fairly, though not always 50/50. “Fair” depends on several factors, including income, length of marriage, and contributions to the household.
Marital property often includes:
- The family home
- Retirement accounts and pensions
- Vehicles
- Joint bank accounts
- Businesses started during the marriage
Separate property, such as assets owned before marriage or certain inheritances, usually stays with the original owner.
But things can get messy fast. Did you mix inherited money into a joint account? Did one spouse support the other through school? A skilled divorce lawyer in Little Rock can help sort through what counts as marital versus separate property and make sure nothing important gets overlooked. Firms like Miller & Mallet handle property division cases involving homes, retirement funds, and business interests, which often carry long-term financial impact. The details matter more than most people realize at first.
2. You Have the Right to Request Spousal Support
Spousal support, also called alimony, is not automatic in Arkansas. But you do have the right to request it.
Courts look at several factors when deciding whether to award alimony:
- The financial needs of one spouse
- The other spouse’s ability to pay
- The standard of living during the marriage
- The length of the marriage
- Each spouse’s earning capacity
For example, if one spouse stayed home for 15 years raising children while the other built a career, the court may consider temporary or even longer-term support.
In practice, many people avoid asking about alimony because they feel awkward. Don’t. If you need financial support to get back on your feet, that is a legal right worth discussing. On the flip side, if you are being asked to pay, you have the right to ensure the amount is fair and based on accurate financial information.
3. You Have the Right to Child Custody and Parenting Time
When ruling on child custody, Arkansas courts focus on one main standard: the best interest of the child. That includes emotional bonds, stability, school continuity, and each parent’s ability to provide care.
There are two main types of custody:
- Legal custody, which covers decision-making about school, health care, and religion
- Physical custody, which determines where the child lives
Joint custody is common, but not automatic. Sole custody may be granted in cases involving abuse, neglect, or serious conflict.
You have the right to:
- Seek joint or sole custody
- Present evidence supporting your parenting role
- Request a fair visitation schedule
The court aims to preserve strong parent-child relationships whenever possible.
4. You Have the Right to Child Support
Child support is based on Arkansas guidelines that consider both parents’ income. The goal is to ensure children maintain a stable standard of living after divorce.
You have the right to receive child support if you are the primary custodial parent. You also have the right to ensure the amount is calculated correctly if you are paying.
Mistakes in income reporting can change support amounts significantly. Reviewing pay stubs, tax returns, and business income carefully can make a real difference.
5. You Have the Right to Full Financial Disclosure
One of the most overlooked rights during divorce is the right to transparency.
Both spouses must provide honest and complete financial information. That includes income, debts, assets, and liabilities. Hiding money, underreporting income, or transferring property to avoid division can lead to serious legal consequences.
If something feels off, trust that instinct. Courts do not look kindly on dishonesty during divorce proceedings.
6. You Have the Right to Seek Protection if Abuse Is Involved
If your marriage involves domestic violence or threats, you have the right to request a protective order. Arkansas courts take these matters seriously.
A protective order can:
- Restrict contact from your spouse
- Remove them from the shared home
- Provide temporary custody arrangements
Your safety and your children’s safety come first. No property dispute or custody battle outweighs that.
Final Thoughts
Divorce in Little Rock comes with clear legal rights, but those rights only matter if you understand them and assert them. From property division and alimony to custody and financial disclosure, Arkansas law aims to create fair outcomes, especially when children are involved.
If you are facing divorce, take time to learn what the law says about your situation. Ask questions. Review financial documents. Think about your long-term stability. When in doubt, know that you have the right to hire a divorce lawyer.
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